What is the politics behind banning books in India

 

While freedom of speech and expression is a fundamental right for Indians, it is also true that this right has often been criticized or restricted due to a combination of religious diversity, governmental repression, regional disparities, and historical tensions—from colonial-era laws to recent times. Banning books or articles is also one way to do this.

In India, the subject of book censorship has always generated discussion and anxiety. Since book bans directly affect people’s ability to express themselves freely, it is important to consider a variety of complex elements, such as cultural norms, societal values, and the right to free speech. Censorship stifles opposing viewpoints and limits the exchange of ideas. However, the government is often forced to do so in order to maintain social harmony and prevent one’s religious beliefs from becoming hateful.

When books are banned by organizations or governments, it fosters a climate in which censorship is accepted. The values of free speech may be undermined by this normalization, which can also reduce the variety of viewpoints and spark debates about censorship, legality of banning books, artistic freedom, and cultural diversity.

Is it legal to ban a book in India?,

Yes, it is legal to ban a book in India. The Supreme Court has ruled that the government has the power to ban or forfeit any publication that endangers public order.

The law used to ban books is Section 95 of the Code of Criminal Procedure, 1973. This law gives the State Government the power to ban a book if it contains content that may “promote, or attempt to promote, enmity between different groups on grounds of religion”.

The Code of Criminal Procedure (CrPC) also gives the government the authority to confiscate books if they are deemed to be objectionable under the IPC. Book bans often lead to legal battles, raising questions about the balance between free speech and other societal interests. 

India has a number of laws that regulate literature, some of which may still be in effect today. The following are some significant laws:

Section 124 of the Indian Penal Code (Sedition): The Indian Penal Code defines treason as an offense under this section. Under this, it is forbidden to say or do anything that will incite dissatisfaction or feelings of rebellion against the government.

The Indian Penal Code's Section 153 (Criminal Controversy) provides a definition for criminal disputes. Such activities that are intended to sow discord, hatred, or division are prohibited under this.

Indian Penal Code Section 252 (Criminal Dispute): This section of the code defines criminal dispute. Such activities that are intended to sow discord, hatred, or division are prohibited under this.

Section 153A of the Indian Penal Code penalizes any kind of offensive writings. Acts that incite animosity between various groups on the basis of race, religion, place of births, home, foreign language, and other factors are punishable under this section.

Other Legislative Acts: In addition to these, the Post Office Act, Office Secret Act, and Customs Act are some other laws that govern literature in India.

Additionally, legal requirements are not the only factors that affect the book censorship process in our nation; administrative processes and social dynamics also play a role. Bans can also be imposed by people, organizations, or governments in order to achieve their own goals. This implies that although the legal system exists, it is not always simple. Courts examine prohibitions frequently, and their rulings can differ. It's hard to strike a balance between other interests and the right to free speech.

Committees like the Press Council of India and the Central Board of Film Certification (CBFC) are usually appointed by the government to assess the content of books and other media and make recommendations on their potential bans. These committees take into account a number of variables, such as the possible influence on national security, social harmony, or public morals. 

The judiciary frequently takes a stance against book bans on a number of grounds and occasionally even defines ambiguous terminology that largely affect the decision to outlaw books nationwide. However, when it comes to interpreting disputed literature, the Indian judiciary is currently taking a more lenient stance.

Books Banned in India,

Many books in India have been banned for reasons such as disagreement with religious teachings (both Hinduism and Islam), defamation, governmental suppression and copyright violation, etc.. The bans vary from governmental censorship to institutional restrictions, all aimed at suppressing controversial or objectionable content. These bans encompass political criticism of India, its government, or political systems, as well as critiques of historical figures, including Mahatma Gandhi, and issues related to obscenity and explicit content. 

Unfortunately, there isn’t an exhaustive list of all banned books in India due to the dynamic nature of censorship. According to PEN America, there were 3,362 cases of banning of individual books in India during the period 2022-2023, affecting 1,557 unique titles. These restrictions may relate to content, subject matter, or controversial viewpoints.

Here is a list of some notable books banned in India before and in recent years:

Recently, the novel "The Adivasi Will Not Dance," written by Sahitya Akademi Award winner Hansda Sowvendra Shekhar, was outlawed by the Jharkhand government. The book's denigration of the Santhal tribe's women's dignity was the reason for the prohibition. The book is a compilation of short stories that was released in November of 2015. Shekhar had previously been accused by detractors and internet trolls of objectifying and abusing Adivasi women, calling his literature "pure porn."

Additionally, Priyanka Pathak-Narain's book "Godman to Tycoon: The Untold Story of Baba Ramdev '',  delves into the life of Baba Ramdev. It follows his journey from teaching yoga to small groups and peddling chyawanprash on a bicycle in the late 1990s to becoming a powerful figure in the media who can sway governments. Today, Baba Ramdev is in charge of a multibillion dollar consumer goods company that offers everything from ghee to Swadeshi trousers. 

Hind Swaraj or Indian Home Rule by Mahatma Gandhi: The Gujarati translation of Hind Swaraj was banned by the British authorities upon its publication in India in 1909. This work delves into the concept of self-rule and critiques colonialism.

Rangila Rasul (Promiscuous Prophet) by Pandit M. A. Chamupati: Published in 1924, this Urdu booklet purportedly described Prophet Muhammad’s relationship with women. It stirred controversy and faced a ban.

Angarey (Various Authors): A collection of stories by Sajjad Zaheer, Ahmed Ali, Rashid Jahan, and Mahmud-uz-Zafar, published in 1932. It drew protests from Muslim religious leaders and was banned by the British colonial government in 1933.

The Satanic Verses (1988) by Salman Rushdie created great furore among the Muslim community around the world. The book was banned in many Muslim countries, including India, for allegedly insulting the legendary Prophet Muhammad. However, in 1988, the book won the Whitbread Award for novel of the year and was also a Booker Prize finalist in the same year. Despite these accolades, the book still remains banned in India.

Lajja (1993) by Taslima Nasreen is another book banned in India on religious grounds for being offensive to Muslims and insulting to Islam. The book provides a glimpse of anti-Hindu riots that erupted in parts of Bangladesh soon after the demolition of the Babri Masjid in India on December 6, 1992.

Nine Hours to Rama (1962), written by Stanley Wolpert, was banned by the Indian Government in 1962. The book gives a fictional account of the assassination of the Father of the Nation, Mahatma Gandhi. It was banned for exposing the poor security provided to such an important leader of the country by the Indian Government, thus highlighting their incompetency.

Jinnah: India Partition Independence (2009) by Jaswant Singh was not well received in India, leading to his expulsion from the party. While official accounts of Indian history portray Pakistan’s founding father, Mohammed Ali Jinnah, as the villain whose obstinacy led to India’s partition at the time of Independence in 1947, Singh’s book portrays Jinnah as more reasonable than the way he is often portrayed in India. The book also criticizes the policies of Nehru and Sardar Patel.

The Great Soul (2011) by Joseph Lelyveld, a biography inspired by Gandhi’s life in India and South Africa, was banned in Gujarat, Gandhi’s hometown, for exposing Gandhi’s sexual life and bigoted views. Although a nationwide ban was not imposed, the book is not allowed into India by the Customs Department.

The Scented Garden -  Anthropology of the Sex Life in the Levant by Bernhard Stern: Banned due to its sexually explicit content, this book explores sexual practices and marriage rites in the Middle East. The ban was enforced in 1945. 

In 1989, the book ‘Soft Target: How the Indian Intelligence Service Penetrated Canada’ written by Zuhair Kashmeri and Brian McAndrew was banned because, the book claims that the Indian intelligence agencies penetrated the Canadian Sikh community, Royal Canadian Mounted Police (RCMP) and Canadian Security Intelligence Service (CSIS) to discredit the demand for a separate Sikh state. They called the Canadian Sikh community a ‘soft target’ for Indian agencies, which was easily manipulated to disregard their demand for a separate Sikh state. This ban was necessary because it undermined the national image and security.

Cease-Fire by Agha Babar - Originally in Urdu, this book cannot be imported into India. Its content led to restrictions.

Khaak aur Khoon by Nusseim Hijazi -  Another Urdu work that faced import restrictions in India.

Marka-e-Somnath by Maulana Muhammad Sadiq Hussain Sahab Sadiq Siddiqui Sardanvi - A Pakistani treatise on Somnath, this book cannot be imported into India.

Bhupat Singh Kaluwank Ravatwank (originally in Gujarati) - Also restricted from import into India.

The Scented Garden: Anthropology of the Sex Life in the Levant by Bernhard Stern was banned due to its sexually explicit content. This encyclopedic book explores sexual practices and marriage rites in the Middle East. The ban was enforced in 1945. 

In 2005, ‘The True Furqan’ by Al Saffee and Al Mahdee was Banned for purportedly mocking Islam. The book has been allegedly written by a Christian evangelical group to proselytise Muslims. The import of this book is strictly prohibited, as it hurts the sentiments of the Muslim community.

Other banned books include: 

Khaak aur Khoon by Nusseim Hijazi: Another Urdu work that faced import restrictions in India.

Marka-e-Somnath by Maulana Muhammad Sadiq Hussain Sahab Sadiq Siddiqui Sardanvi: A Pakistani treatise on Somnath, this book also cannot be imported into India.

Bhupat Singh Kaluwank Ravatwank (originally in Gujarati): Also restricted from import into India.

Additionally, What Has Religion Done for Mankind, published by the Watch Tower Bible and Tract Society, tries to refute Eastern religions and cannot be imported into India. These banned books reflect a diverse range of themes, from political critique to sexuality, and highlight the complexities of censorship and freedom of expression in India. 

Even our libraries avoid purchasing such controversial books, and sometimes the personal opinions of librarians can impact book selection. A book is typically prohibited because it tells a story that goes against the reader’s religion or belief, causing them to feel offended or discriminated against. Since children are the ones who are influenced the most, every year there are a number of attempts made to outlaw books that are deemed unsuitable for readers. India is not the only nation to criticize and outlaw literature. All around the world, including in the most progressive democracies, books are prohibited.